IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF ARIZONA

Wilma Freeman, personally, and as Personal Representative

for the Estate of John Barrow

Plaintiff,

vs.

THE CHURCH OF SCIENTOLOGY,

and John Does A-D, and

Corporations 1-9, and Partnerships I-X

Defendants.

CASE NO: CV-97-00750

PLAINTIFF'S FIRST AMENDED COMPLAINT

For her complaint, Plaintiff alleges as follows:

  1. Plaintiff Wilma Freeman is the surviving widow and Personal Representative of the Estate of John Barrow, Probate No. PB-93-01536.
  2. Defendant Church of Scientology is an Arizona Corporation doing business in Maricopa County. Defendants John and Jane Does A-D, Corporations 1-9 and Partnerships I-X are Defendants whose

names are currently unknown to Plaintiff, but if and when such information becomes known, Plaintiff will amend accordingly.

3. Plaintiff and John Barrow were married in May of 1990. In June of 1991, John Barrow became involved with the Defendant Church of Scientology.

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COUNT 1

(Breach of Contract)

Plaintiff incorporates all foregoing allegations and further alleges:

4. In connection with his relationship with the Church of Scientology, John Barrow entered into certain contracts with the Church, wherein Barrow paid money

to the church, in exchange for which the Church agreed to perform certain services. Said contracts were contracts of adhesion, in which Barrow had no input or opportunity to negotiate.

5. The Church failed to perform the services, or, in the alternative, breached the contracts by failing to properly perform the services which were promised.

6. As a result of the breach on the part of the church, Plaintiff is entitled to a refund of all monies paid.

7. Plaintiff is entitled to recover her costs and attorney fees.

WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: a. Damages in an amount to be proven at trial.

b. Reasonable attorney's fees and costs.

c. Interest at the statutory rate of ten percent per annum.

d. Such other and further relief as is just and proper.

COUNT II

(Breach of implied duty of good faith and fair dealing)

Plaintiff incorporates all foregoing allegations and further

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alleges:

8. Legally implied in Barrow's contracts with the Church was a covenant of good faith and fair dealing.

9. The relationship between Barrow and the Church was such that the Church owed Barrow certain duties, including a duty of good faith and fair dealing.

10. The Church breached its duties, including the covenant of good faith and fair dealing.

11. The nature of the contractual relationship between the Church and Barrow was such that Barrow is entitled to recover tort damages for the Church's breach.

12. As a result of the Church's breach, Barrow suffered the following damages, including, but not limited to:

a. Barrow developed psychosomatic congestive heart failure symptoms,

b. Barrow had a violent physical confrontation with his wife (Plaintiff herein)

c. Barrow filed to divorce Plaintiff (the divorce petition was subsequently withdrawn.)

d. Barrow became paranoid about his personal safety, following rumors about Scientology being a cult, from which he might be kidnapped and "deprogrammed"

e. Barrow found it increasingly difficult to perform in his job with Arizone Public Service,

f. Barrow was given the company's Minnesota Multiphasic Personality Index (MMPI) test, for nuclear plant security, which he failed. He was then put on psychological probabtion and his clearance to enter site security areas was revoked, pending paritipation in the company's psychological counseling program.

13. As a result of the Church's breach, Plaintiff Wilma Freeman also suffered intense emotional distress, including, but

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not limited to Defendant's interference with her marital relationship with her husband, for which she is entitled to damages.

14. The Church's policy, as set forth in its literature, is that persons seeking a return of "donations" is expressly prohibited from seeking the assistance of an attorney.

15. The Church actively sought to induce Plaintiff to forego litigation by leading Plaintiff to believe that settlement of her claim would be effected without the necessity of bringing suit, and in fact the Church expressly discouraged Plaintiff from seeking legal assistance by telling her that there would be no settlement if she sought such assistance.

16. The Church further acted by induce Plaintiff to forego litigation by refunding portions of Plaintiff's claims, while continually indicating that additional payments would be forthcoming.

WHEREFORE, Plaintiff prays for Judgment against the Defendant as follows:

a. Damages payable to the estate of John Barrow in an amount to be proven at trial.

b. Damages to Plaintiff Wilma Freeman individually, in an amount to be proven at trial.

c. Plaintiff's costs and attorney's fees.

d. Such other and further relief as is just and proper.

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COUNT III

(NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS)

Plaintiff incorporates all foregoing allegations and further alleges:

17. In the course of his relationship with the Church, Barrow purchased, and received certain "courses" from the Church, including, but not limited to the following: "New OT Preps"; "New OT Audited NOTs"; "Single Intensive Full Rate"; "Hubbard SOLO course"; "Level II"; "Level III"; "Class IV INT"; "Ministerial Crs".

18. The person or persons who administered or participated in such courses on behalf of the Church were negligent in their methods and procedures, causing emotional distress and psychological injury to Barrow, including, but not limited to the injuries detailed above.

19. As a result of the Church's breach, Plaintiff Wilma Freeman also suffered intense emotional distress, including, but not limited to interference with her marital relationship with her husband, for which she is entitled to damages.

WHEREFORE, Plaintiff prays for Judgment against the Defendant as follows:

a. Damages payable to the estate of John Barrow in an amount to be proven at trial.

b. Damages to Plaintiff Wilma Freeman individually, in an amount to be proven at trial.

c. Plaintiff's costs.

d. Such other and further relief as is just and proper.

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DATED this 3 day of February, 1997.